DUI not driving, out side of car?

[oddity]

How can a person fight a DUI when they were not driving their car but they were out side of the car and the car was not running?

 

[LillianX]

Please fully explain the circumstances so we can better understand what happened in order to assist you. You haven't provided enough information.

 

[CdwJava]

How can a person fight a DUI when they were not driving their car but they were out side of the car and the car was not running?

And you been seen driving just before the contact? Were you involved in a crash?

I can only presume that the officer had some reason to assume you had been operating a motor vehicle while impaired.

As LilianX asked, please provide some more detail. Also, please indicate your state as laws and legal interpretations do vary by state.

 

[oddity]

How can you get a court case thrown out, or dismissed?

What can the Court or DA do wrong so that a court case has to be thrown out????? need any iNfo PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

 

[HighwayMan]

You want help but have provided no details when asked. There's nothing more anyone can say without more information - details about what happened.

 

[tranquility]

What can the Court or DA do wrong so that a court case has to be thrown out?????

If the court thought it had subject matter jurisdiction and it did not, it would have to dismiss the case. (Of course, the DA would then file in the correct court.)

 

[CdwJava]

What can the Court or DA do wrong so that a court case has to be thrown out????? need any iNfo PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

There are many things that CAN be done wrong, but no way to guarantee that they are done wrong.

Details would certainly help.

 

[Mass_Shyster]

What can the Court or DA do wrong so that a court case has to be thrown out????? need any iNfo PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1

In Massachusetts, the elements of OUI are

• Operation
• Of a Motor Vehicle
• On A Public Way
• While impaired

So if you're in Massachusetts, and you were arrested while standing outside the car, and the Commonwealth doesn't have a witness that can testify to the fact that you drove the car, you have a good chance of beating the charges, as the Commonwealth has the burden to prove all elements beyond a reasonable doubt.

I have seen police arrest folks who were drunk but standing outside the car. The police had probable cause to believe they had driven while impaired, but the prosecutor could not prove beyond a reasonable doubt that the drunk had driven the car up onto the fence.

Now, all we need are 50 more people to explain how it works in the other 49 states and Washington D.C., and you'll have an answer.

Of course you could make it much easier by providing more information, such as the name of your state.

 

[asiny]

Now, all we need are 50 more people to explain how it works in the other 49 states and Washington D.C., and you'll have an answer.

Quoted for being an awesome response.

 

[AttyHelinski]

As others have mentioned, every case is fact-specific. The Commonwealth must prove that you were operating. If there are no facts to support operation, it's an absolute defense (though you may have to try the case). I disagree that an officer must have had some basis to bring a complaint-- I've seen many, many cases brought with no evidence of operation--it's an excellent defense. You should really have a lawyer at least review your facts, even if you end up representing yourself. Best of luck.